Case Details

Vestey Group Ltd v. Bolivarian Republic of Venezuela (ICSID Case No. ARB/06/4)

Subject of Dispute:

Farming enterprise
Economic Sector:

Agriculture, Fishing & Forestry
Instrument(s) Invoked:

BIT Venezuela, Republica Bolivariana de - United Kingdom of Great Britain and Northern Ireland 1995 - Investment Law - Venezuela (1999)
Applicable Rules:

ICSID Convention - Arbitration Rules

(a) Original Proceeding

Claimant(s)/Nationality(ies):

Vestey Group Ltd (British)
Respondent(s):

Bolivarian Republic of Venezuela (Venezuelan)
Date Registered:

March 14, 2006
Date of Constitution of Tribunal:

July 6, 2012

Composition of Tribunal

President:

Gabrielle KAUFMANN-KOHLER (Swiss) - Appointed by the Parties
Arbitrators:

Horacio A. GRIGERA NAÓN (Argentine) - Appointed by the Claimant(s)
Pierre-Marie DUPUY (French) - Appointed by the Respondent(s)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A. and London, U.K.
Travieso Evans Arria Rengel & Paz, Valencia, Venezuela
Respondent(s):

Procuradora General de la República, Caracas, Venezuela
Guglielmino & Asociados, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 15, 2016 - The Tribunal renders its award.

(b) Annulment Proceeding

Applicant(s)/Requesting Party(ies):

Respondent(s)
Date Registered:

August 16, 2016 (Respondent(s))
Date of Constitution of ad hoc Committee:

November 8, 2016

Composition of ad hoc Committee (Appointed by the Chairman of the Administrative Council)

President:

Joan E. DONOGHUE (U.S.)
Members:

Gavan GRIFFITH (Australian)
Raed FATHALLAH (Canadian, French, Lebanese)

Party Representatives

Claimant(s):

Freshfields Bruckhaus Deringer, Washington, D.C., U.S.A. and London, U.K.
Respondent(s):

Procuraduría General de la República, Caracas, Venezuela
Guglielmino & Asociados, Buenos Aires, Argentina
Language(s) of Proceeding:

English,Spanish
Status of Proceeding:

Concluded
Outcome of Proceeding:

April 26, 2019 - The ad hoc Committee issues its decision on annulment.

(a) Original Proceeding

Published Decisions

Award of the Tribunal (English;)

(b) Annulment Proceeding

Published Decisions

Decision on Annulment (English;Spanish;)

(a) Original Proceeding

Date	Development
March 14, 2006	The Acting Secretary-General registers a request for the institution of arbitration proceedings.
September 6, 2006	The Claimant files a request for the suspension of the constitution of the Tribunal.
March 20, 2007	The Claimant files a further request for the suspension of the constitution of the Tribunal.
September 14, 2007	The Centre invites the parties to inform it whether they wish to continue with the constitution of the Tribunal.
September 19, 2007	The Claimant files a request for the further suspension of the constitution of the Tribunal.
September 28, 2007	The Respondent is invited to file observations on the Claimant’s request of September 19, 2007.
December 14, 2007	The Respondent is invited again to file observations on the Claimant’s request of September 19, 2007.
March 21, 2008	The Claimant reiterates its request for the further suspension of the constitution of the Tribunal. The Respondent is invited again to file observations on the Claimant’s request.
April 9, 2008	In the absence of observations from the Respondent on the Claimant’s request, the constitution of the Tribunal is deemed further suspended.
March 23, 2009	Referring to an agreement by the parties, the Claimant files a request for the further suspension of the constitution of the Tribunal.
April 13, 2009	The suspension of the constitution of the Tribunal is further extended.
February 7, 2012	The suspension of the constitution of the Tribunal is further extended until February 21, 2012, pursuant to the parties' agreement.
March 3, 2012	Following appointment by the Claimant, Horacio Grigera Naón (Argentine) accepts his appointment as arbitrator.
April 24, 2012	Following appointment by the Respondent, Pierre-Marie Dupuy (French) accepts his appointment as arbitrator.
July 5, 2012	Following appointment by the parties, Gabrielle Kaufmann-Kohler (Swiss) accepts her appointment as presiding arbitrator.
July 6, 2012	The Tribunal is constituted in accordance with Article 37(2)(a) of the ICSID Convention. Its members are: Gabrielle-Kaufmann-Kohler (Swiss), President, appointed by agreement of the parties; Horacio Grigera Naón (Argentine), appointed by the Claimant; and Pierre-Marie Depuy (French), appointed by the Respondent.
August 29, 2012	The Tribunal holds a first session by telephone conference.
August 30, 2012	The Tribunal issues Procedural Order No. 1 concerning procedural matters and the procedural calendar.
January 15, 2013	The Claimant files a memorial on the merits.
March 1, 2013	The Respondent files a request to address the objections to jurisdiction as a preliminary question.
March 15, 2013	The Claimant files observations on the request to address the objections to jurisdiction as a preliminary question.
April 5, 2013	The Tribunal issues Procedural Order No. 2 concerning the Respondent’s request to address the objections to jurisdiction as a preliminary question.
August 12, 2013	The Respondent files a counter-memorial on the merits and an objection to jurisdiction.
September 2, 2013	Following exchanges between the parties, the Claimant files a request for the Tribunal to decide on production of documents.
September 16, 2013	The Respondent files observations on the Claimant's request for the Tribunal to decide on production of documents.
September 23, 2013	The Claimant files observations on its request for the Tribunal to decide on production of documents.
October 4, 2013	The Tribunal issues Procedural Order No. 3 concerning production of documents.
November 12, 2013	The Claimant files a reply on the merits and a response to the Respondent's objection to jurisdiction.
December 3, 2013	Following exchanges between the parties, the Respondent files a request for the Tribunal to decide on production of documents.
December 17, 2013	The Claimant files observations on the Respondent's request for the Tribunal to decide on production of documents.
December 24, 2013	The Respondent files observations on its request for the Tribunal to decide on production of documents.
January 3, 2014	The Tribunal issues Procedural Order No. 4 concerning production of documents.
February 12, 2014	The Respondent files a rejoinder on the merits and a reply on jurisdiction.
April 17, 2014	The Tribunal issues Procedural Order No. 5 concerning procedural matters.
May 30, 2014	The Claimant files a rejoinder on jurisdiction.
June 18, 2014	The Tribunal issues Procedural Order No. 6 concerning procedural matters.
December 3, 2014	The President of the Tribunal holds a pre-hearing organizational meeting with the parties by telephone conference.
December 15, 2014	The Tribunal issues Procedural Order No. 7 concerning procedural matters.
January 28, 2015 - February 4, 2015	The Tribunal holds a hearing on jurisdiction and the merits in Paris, France.
February 13, 2015	The Tribunal issues Procedural Order No. 8 concerning procedural matters.
May 8, 2015	Each party files a post-hearing brief.
July 3, 2015	Each party files a reply post-hearing brief.
August 7, 2015	Each party files a submission on costs.
February 26, 2016	The Tribunal declares the proceeding closed in accordance with ICSID Arbitration Rule 38(1).
April 15, 2016	The Tribunal renders its award.

(b) Annulment Proceeding

Date	Development
August 16, 2016	The Acting Secretary-General registers an application for annulment of the award filed by the Bolivarian Republic of Venezuela and notifies the parties of the provisional stay of enforcement of the award.
November 8, 2016	The ad hoc Committee is constituted in accordance with Article 52(3) of the ICSID Convention. Its members are: Joan E. Donoghue (U.S.), President; Gavan Griffith (Australian); and Raëd Fathallah (Canadian/Lebanese); all members appointed by the Chairman of the Administrative Council.
January 30, 2017	The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
February 6, 2017	The ad hoc Committee decides on the stay of enforcement of the award. The proceeding is stayed for non-payment of the required advances pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
April 6, 2017	The proceeding is resumed following payment of the required advances.
April 18, 2017	The Bolivarian Republic of Venezuela files a memorial on annulment.
April 27, 2017	The ad hoc Committee issues a decision concerning the continuation of the stay of enforcement of the award.
June 20, 2017	Vestey Group Limited files a counter-memorial on annulment.
October 14, 2017	The Secretary-General moves that the ad hoc Committee stay the proceeding pursuant to ICSID Administrative and Financial Regulation 14(3)(d) and (e).
October 18, 2017	The ad hoc Committee decides on the stay of enforcement of the award.
December 7, 2017	The proceeding is resumed following payment of the required advances.
August 2, 2018 - August 3, 2018	The ad hoc Committee holds a hearing on annulment in Paris.
February 8, 2019	The ad hoc Committee declares the proceeding closed in accordance with ICSID Arbitration Rules 53 and 38(1).
April 26, 2019	The ad hoc Committee issues its decision on annulment.